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(영문) 부산지방법원 동부지원 2018.01.12 2017가합104612
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 478,059,343 as well as KRW 219,484,101 as to the Plaintiff.

Reasons

1. Indication of claim;

A. The Korea Technology Credit Guarantee Fund (hereinafter “Korea Technology Credit Guarantee Fund”) concluded a credit guarantee agreement with Defendant A, and Defendant B jointly and severally guaranteed the liability for indemnity to be borne by Defendant A Co., Ltd. to the Non-Party Fund.

B. The Defendant A Co., Ltd. caused a guarantee accident, and the Nonparty Fund acquired the right to reimbursement by subrogation of KRW 219,52,161 on November 1, 2015.

On August 24, 2007, the non-party fund filed a lawsuit against the Defendants for the claim for reimbursement and received a judgment in favor of the Defendants.

(Seoul Central District Court 2007Kadan229740). The above judgment was finalized on October 12, 2007.

C. On September 23, 2015, Nonparty Fund transferred its claim for reimbursement to the Plaintiff.

The plaintiff claims the principal and damages for delay of the transferred claim against the defendants.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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